How does a substitute application affect the filing date of a patent application?
A substitute application has a significant impact on the filing date of a patent application. According to MPEP 201.02: A substitute application does not obtain the benefit of the filing date of the prior application. This means that if an applicant files a substitute application, it will receive a new filing date based on when…
Read MoreWhat is the significance of the term ‘original application’ in patent law?
The term ‘original application’ has a specific meaning in patent law, as outlined in MPEP 201.02: ‘Original’ application is used in the patent statutes and rules to refer to an application which is not a reissue application. An original application may be a first filing or a continuing application. This definition is significant because it…
Read MoreHow can I delete a named inventor when filing a Continued Prosecution Application (CPA)?
When filing a Continued Prosecution Application (CPA) for a design patent, you can request the deletion of a named inventor by submitting a statement with your CPA filing. The MPEP ¶ 2.32 states: “Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution…
Read MoreCan I add an inventor when filing a Continued Prosecution Application (CPA)?
The MPEP ¶ 2.32 specifically addresses the deletion of inventors in a Continued Prosecution Application (CPA) for design patents, but it does not directly discuss adding inventors. However, changes to inventorship in patent applications are generally governed by 37 CFR 1.48. If you need to add an inventor when filing a CPA, it’s advisable to:…
Read MoreWhat information is included in the CPA establishment notice?
The notice of Continued Prosecution Application (CPA) establishment includes specific information as outlined in MPEP ¶ 2.30. The key elements are: The filing date of the CPA request The parent application number A statement that the CPA is acceptable and has been established An indication that an action on the CPA will follow The exact…
Read MoreHow can inventorship be corrected in a Continued Prosecution Application (CPA)?
Inventorship in a Continued Prosecution Application (CPA) for design patents can be corrected by filing a statement requesting the deletion of a named inventor along with the CPA filing. The MPEP states: Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application…
Read MoreWhat is the difference between correcting inventorship at CPA filing and after CPA filing?
The process for correcting inventorship in a Continued Prosecution Application (CPA) differs depending on when the correction is requested: At CPA filing: Inventorship can be corrected by submitting a statement requesting deletion of a named inventor along with the CPA filing. This process is straightforward and does not require additional procedures. After CPA filing: The…
Read MoreIs there a deadline for filing the English translation and accuracy statement for a non-English provisional application?
Yes, there is a deadline for filing the English translation and accuracy statement for a non-English provisional application. While MPEP ¶ 2.38 doesn’t specify an exact timeframe, it indicates that the USPTO will set a time period in an Office action: “If 1) and 2) are not filed (or if the benefit claim is not…
Read MoreCan the English translation and accuracy statement be filed in the non-provisional application instead of the provisional?
No, the English translation and accuracy statement for a non-English provisional application cannot be filed in the non-provisional application. They must be filed in the provisional application itself. MPEP ¶ 2.38 is explicit about this requirement: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be…
Read MoreHow are delayed benefit claims handled in international applications?
Delayed benefit claims in international applications have specific procedures. According to MPEP 211.04: A petition under 37 CFR 1.78 for accepting an unintentionally delayed benefit claim and the petition fee under 37 CFR 1.17(m) are required to add a benefit claim under 35 U.S.C. 120 and 365(c) in an abandoned international application designating the United…
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